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Resolution: R-10-0335
File Number: 10-00847
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/29/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY
FOUR-FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING THE CITY MANAGER'S RECOMMENDATION, WAIVING
THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES, FOR THE
PROCUREMENT OF SERVICES, PURSUANT TO SECTION 18-85 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING BUREAU
VERITAS NORTH AMERICA, INC. ("BUREAU VERITAS"), TO PERFORM WORK IN
THE TOTAL AMOUNT NOT TO EXCEED $151,455, CONSISTING OF TASKS 1 AND
2 OF A HEALTH AND HUMAN RISK ASSESSMENT ("HHRA"), AND TASKS 1, 2,
AND 3 OF SOIL MANAGEMENT PLAN PREPARATION AND IMPLEMENTATION
SERVICES ("SMPP"), FOR THE STADIUM SITE PARKING PROJECT ("PROJECT");
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE BALANCE OF THE WORK
NECESSARY FOR THE COMPLETION OF THE PROJECT, CONSISTING OF HHRA
TASK 2 AND SMPP TASKS 2 AND 3, IN THE AMOUNT NOT TO EXCEED
$126,692; ALLOCATING FUNDS, FOR SAID PORTION, FROM CAPITAL
IMPROVEMENT PROJECT NO. B-30648.
WHEREAS, the City of Miami ("City"), Miami -Dade County ("County") and the Florida Marlins, LP
executed a Baseball Stadium Agreement on March 3, 2008, outlining the general terms and
conditions under which the parties would design, develop, construct and operate a Major League
Baseball Stadium; and
WHEREAS, the City is responsible for the design and construction of the surface parking lots and
parking garages; and
WHEREAS, during the pre -construction phase of the Stadium Site Parking Project ("Project") it
was determined that a Health and Human Risk Assessment ("HHRA") and Soil Management Plan
Preparation and Implementation Services ("SMPP") were required to identify and provide
recommendations for any potential human health risks to construction workers from potential
exposure to soil compounds on the proposed surface parking lots and parking garages; and
WHEREAS, the City Manager found that it was not practicable or advantageous for the City to
utilize competitive sealed bidding procedures to procure these services given their importance to
ensuring health safety and in consideration of the Project schedule, and determined that it was in the
City's best interest to award the work to Bureau Veritas North America, Inc. ("Bureau Veritas") in order
to maintain the continuity of work and avoid undue expenditures in the transfer of site -related
historical and analytical information; and
WHEREAS, Task 1 of HHRA, in the amount of $11,940, and Task 1 of the SMPP, in the amount
of $12,923, were thus authorized and performed; and
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File Number: 10-00847 Enactment Number: R-10-0335
WHEREAS, Bureau Veritas has been involved in environmental work on location since 2007 as
the site was previously in use for Orange Bowl redevelopment and demolition efforts; and
WHEREAS, said firm has provided environmental services such as preparation of Phase I, Phase
II, Site Assessment Reports and Site Sampling Reports, and Department of Environmental Resources
Management compliance coordination services; and
WHEREAS, a four-fifths (4/5ths) waiver is necessary to waive competitive bidding procedures, as
provided in Section and 18-85 of the Code of the City of Miami, Florida, as amended ("City Code"), in
order to authorize the completed work and to authorize the balance of the work necessary for the
completion of the Project; and
WHEREAS, in seeking a waiver of competitive sealed bidding procedures pursuant to Section V
85 of the City Code, in order to authorize the additional work, the City Manager's signature c
concurrence on the memo from the Director of Capital Improvements Program, provides the require
justification and findings for the waiver of competitive bidding procedures; and must now be ratified h
the City Commission; and
WHEREAS, the City Manager requests authorization to execute an Agreement, in substantially
the attached form, with Bureau Veritas, for the balance of the remaining work, consisting of HHRA
Task 2 and SMPP Tasks 2 and 3, in an amount not to exceed $126,692, which includes a $40,000
allowance for additional services; and
WHEREAS, funds are to be allocated from Capital Improvement Project No. B-30648;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. By a four-fifths (4/5ths) affirmative vote, after an advertised public hearing the City
Manager's recommendation waiving the requirements for competitive bidding procedures, for the
procurement of services, pursuant to Section and 18-85 of the City Code, is ratified, approved and
confirmed, and Bureau Veritas is authorized to perform work in the total amount not to exceed
$151,455, consisting of Tasks 1 and 2 of a HHRA, and Tasks 1, 2, and 3 of SMPP, for the Project.
Section 3. The City Manager is authorized {1} to execute an Agreement, in substantially the
attached form, for the balance of the work necessary for the completion of the Project, in the amount
not to exceed $126,692, with funds allocated from Capital Improvement Project No. B-30648.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
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File Number: 10-00847
Footnotes:
Enactment Number: R-10-0335
{1} The authorization herein is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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